Qing Law And Modern Two Of The Penal Code In The General Provisions Sexual Conviction And Sentencing Provisions On The Comparison

There are both inheritance and development in the content of the three Codes, including Statutes and Precedents of the Qing Empire, the new Criminal Law of Qing Empire, and Criminal Law of Republic of China in 1935. The time span of three Codes is very long, but they are closely linked. The new Criminal Law of Qing Empire is the modernization of the Code of Criminal pioneer at that time, which also inherited some from the Statutes and Precedents of the Qing Empire. And Criminal Law of Republic of China in 1935 on its successor is even more evident. Stipulations on conviction and sentencing of criminal plot are very obvious characteristic of our traditional part of the Criminal Code. There are certain theoretical and practical significance on the comparison among the three Codes. Not only the regulations on conviction and sentencing of the three Codes related can be analyzed, but also the legal theory behind the articles can be found.The paper firstly discusses the process, circumstances and definition, classification of conviction and sentencing in criminal codes. The main part of the article, that is, different categories of the code in the conviction and sentencing of three plots compare the similarities and differences. Many articles are cited. This paper still uses the theory of constitutive elements of crime, which includes criminal objects, objective aspects and criminal subjects and subjective aspects. The second chapter is on the subject of crime and subjective aspects. The paper compares the articles on the status and states of the subject of crime. Statutes and Precedents of the Qing Empire attached great importance to the identity of the perpetrators, according to political status, national identity, and career status. This paper also compares the three Codes on the subjective awareness of the vicious and the criminal element, and the crime of moral factors. The impact of the conviction and sentencing for the age, health factors of concern is the part of succession and development. The third chapter is about the object and the objective aspects of crime. Subjective and objective comparison of major crime is a felony not to reduce the distinction between public crime and private crime, attention to crime, relations between the inferiority and superiority. Comparison of the objective aspect of crime, mainly related to recidivism, surrender, escape, and geographical factors. The fourth chapter is on the exclusion of illegal and criminal provisions of the comparative morphology. It Includes its self-defense and necessity, according to the law so that behavior and public order and good morals, and also one has been subject to foreign criminal punishment. Patterns of crime include joint offense, the number of criminal offenses and the state of crime stop. The paper compares these factors all.First, the punishment was changed from severe to light. And then it focused on prevention. Second, the codes changed from attaching importance to the status hierarchy to equality and ethics and law changed from unity to separation. Lastly, the Codes were gradually corrected from over-Westernization. The three Codes are across more than 100 years, followed by both inheritance and development.